Disposed

Smt. Suman Paul v. the District Educational Officer, Malappuram

Kerala HC9 Oct 2012WP(C)/23580/2012

Case brief

AI extract

What is this about?

In this writ petition concerning staff fixation disputes, the Court did not adjudicate merits due to limited relief sought. It directed the Deputy Director of Education to consider the petitioners' representations with necessary opportunity of hearing.

What did the court decide?

The second respondent to consider petitioners' representations within three months after providing opportunity of hearing.

Smt. Suman Paul Vs the District Educational… — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934

¶5

WP(C).No. 23580 of 2012 (V)

¶6

PETITIONER(S):

¶7

1. SMT. SUMAN PAUL, AGED 29 YEARS

¶8

CRAFT TEACHER (has), A.K.M HIGHER

¶9

SECONDARY SCHOOL, KOTTOOR,KOTTAKKAL, MALAPPURAM DISTRICT

¶10

2. M.C ABDUL GAFOOR

¶11

DRAWING TEACHER, A.K.M HIGHER SECONDARY SCHOOL, KOTTOOR

¶12

KOTTAKKAL, MALAPPURAM DISTRICT

¶13

BY ADV. DR.GEORGE ABRAHAM

¶14

RESPONDENT(S):

¶15

1. THE DISTRICT EDUCATIONAL OFFICER MALAPPURAM-676505

¶16

2. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM 676 505

¶17

3. STATE OF KERALA

¶18

REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶19

4. THE MANAGER A.K.M HIGHER SECONDARY SCHOOL KOTTOOR KOTTAKKAL MALAPPURAM DISTRICT-676511

¶20

BY GOVERNMENT PLEADER

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WPC NO.23580/2012

¶23

APPENDIX

¶24

PETITIONER(S) EXHIBITS

¶25

EXT.P1	TRUE COPY OF THE STAFF FIXATION ORDER FOR 2009-10
EXT.P2	TRUE COPY OF THE GOVERNMENT ORDER G.O(P) 199/11/G/EDN DATED 1-10-2011
EXT.P3	TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) 211/12/G.EDN DATED 2-07-2012
EXT.P4	TRUE COPY OF THE GOVERNMENT LETTER DATED 19-12-2011
EXT.P5	TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION DATED 7-09-2012
EXT.P6	TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) 177/2012/G.EDN DATED 5-6-2012
EXT.P7	TRUE COPY OF THE JUDGMENT IN WRIT APPEAL 2679/09
EXT.P8	TRUE COPY OF THE REPRESENTATION DATED 1-10-2012 SUBMITTED BY THE 1ST PETITIONER TO DEPUTY DIRECTOR OF EDUCATION MALAPPURAM
EXT.P9	TRUE COPY OF THE REPRESENTATION DATED 1-10-2012 SUBMITTED BY THE 2ND PETITIONER TO DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM

¶26

RESPONDENTS' EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

¶32

¶33

W.P.(c) No. 23580 OF 2012

¶34

¶35

Dated this the 9^th day of October, 2012

¶36

JUDGMENT

¶37

The petitioners have approached this Court with the following

¶38

prayers :

¶39

i) to issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to permit the 1^st petitioner to continue in her parent school, A.K.M. Higher Secondary School, Kottoor, Kottakkal, Malappuram District for four days in a week and the 2^nd petitioner for three days in a week;

¶40

ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider and pass orders on Exts.P8 and P9 submitted by the petitioners;

¶41

iii) to grant such other and further reliefs as this Honourable Court may consider just and proper in the facts and circumstances of the case.”

¶42

The learned counsel for the petitioners submits that similar

¶43

issue, as projected by the petitioners in the writ petition, came to be

¶44

W.P.(C)No.23580/2012 2

¶45

considered by this Court, which culminated in Ext.P7 judgment, though the same deals with some other aspects as well. Reliance is also sought to be placed on Ext.P6 Government Order. The learned counsel submits that the grievance of the petitioners will stand redressed, if Exts.P8 and P9 preferred by the petitioners before the second respondent are caused to be considered and disposed of in the light of the observations

¶46

made by this Court in Ext.P7 judgment and Ext.P6 Government Order.

¶47

Heard the learned Government Pleader as well.

¶48

Considering the limited nature of the relief sought for, this

¶49

Court does not find it necessary to go into the merits of the case or to

¶50

issue notice to the fourth respondent for the time being. The writ petition is disposed of, directing the second respondent to consider Exts.P8 and P9 in the light of Ext.P7 judgment and also Ext.P6 Government Order and pass appropriate orders after giving an opportunity of hearing to the petitioners and the fourth respondent, at the earliest and at any rate, within three months from the date of receipt of a copy of this judgment.

¶51

The petitioner shall produce a copy of this judgment along with a

¶52

W.P.(C)No.23580/2012

¶53

¶54

copy of the writ petition before the second respondent for further steps.

¶55

P.R.RAMACHANDRA MENON JUDGE

¶56

sv.

¶57

W.P.(C)No.23580/2012 4

Smt. Suman Paul v. the District Educational Officer, Malappuram

Case brief

What is this about?

What did the court decide?

Smt. Suman Paul v. the District Educational Officer, Malappuram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P. Narayanan Namboodiri Vs Mr. K.C.Vijayakumar

Pratheeksha Bhavan English Medium School Vs State of Kerala and 2 Others

P.K. Sasikumar Vs State of Kerala

Mohammed Rafi M.K Vs Kerala Water Authority

The Principal Vs State of Kerala

B.S.S.Educational Society Vs the Director of Public Instructions